Wednesday, 24 May 2017

“Our traditional lands are an interconnected and living whole; a vital cultural landscape. It is central to us as a People, and to the maintenance of our identity, laws and consequent rights. If the Carmichael mine were to proceed it would tear the heart out of the land. The scale of this mine means it would have devastating impacts on our native title, ancestral lands and waters, our totemic plants and animals, and our environmental and cultural heritage. It would pollute and drain billions of litres of groundwater, and obliterate important springs systems. It would potentially wipe out threatened and endangered species. It would literally leave a huge black hole, monumental in proportions, where there were once our homelands. These effects are irreversible. Our land will be “disappeared”.” [Wangan & Jagalingou People, Our Fight]

Human rights lawyer and adjunct professor of law at Macquarie University, George Newhouse, said Brandis' intervention was using native title law against Indigenous Australians rather than assisting them.

"This is a contemptible intervention from a pro-mining government to deny the legal rights of Indigenous people under the Native Title Act 1993," he told BuzzFeed News.

"[The government's] power is being used to obstruct Indigenous land claimants. This discriminatory law only affects Indigenous Australians. The rights of Indigenous people continue to be stripped away for the benefit of big coal miners."

Greens Deputy Leader and Senator for Queensland, Larissa Waters, slammed the intervention, saying the government had sided with Adani over traditional owners.

"Brandis’ attempt to push a bill through the Senate that was designed to ram through the Adani coal mine against the wishes of the local Wangan & Jagalingou people failed, so now he is interfering in their court case," she told BuzzFeed News.

"This isn’t about good reform to Native Title it’s about making things as easy as possible for Adani at the expense of the land rights of First Australians".

Shadow attorney-general Mark Dreyfus said Labor supports the government's proposed amendments to the Native Title act, but declined to comment on Brandis' intervention.

Senator Brandis’ intervention follows his second failure to rush through changes to the Native Title Act. The Attorney General has asked the Court to not make a ruling, but wait for the political process around the Native Title Bill to conclude. The Bill has not passed the Senate because of a lack of consultation with Traditional Owners around the country, and concern about key provisions.

Senior spokesperson for the Wangan and Jagalingou (W&J) Traditional Owners Council, Adrian Burragubba, said, “The Attorney General has made an extraordinary and political intervention in matters before the court. Intervening in our case shows Brandis is working in billionaire Adani’s interests, not ensuring the proper administration of justice. Again, Brandis is making Native Title all about Adani’s mine instead of good law reform.

“Brandis should apply himself to good law reform, and let the court do its work. Instead he’s trying to influence the decisions of a judge in favour of a mining company.

“The Wangan and Jagalingou Council are seeking Federal Court orders to strike out the purported Indigenous Land Use Agreement [ILUA] filed by Adani Mining with the National Native Title Tribunal. The ILUA would authorise ‘extinguishment’ of our native title and allow the mine to proceed against our strong objections and our right to say ‘No’.

“The Federal Government has been attempting to push through amendments to the Native Title Act to overturn the ruling in McGlade and protect Adani’s interests. Along with other Traditional Owners, we continue to demand proper consultations and the necessary time to achieve consent for Native Title amendments”, he said.

While on the other side of the country another opportunistic miner is using Native Title law for his own benefit

SYDNEY, May 18 (Reuters) - Mining magnate Andrew Forrest has used laws designed to protect indigenous land rights to stop prospectors searching for minerals on his West Australian cattle farms, angering both traditional Aboriginal landowners and mining community members.

While tensions between the competing interests of indigenous landholders, pastoral leaseholders and miners on government-controlled land are common, Forrest's approach represents one of the first known examples of a non-Aboriginal successfully using rights afforded to indigenous people to their own advantage.

Native title is a legal doctrine in Australia that recognises indigenous rights to certain parcels of land.

Forrest's use of it is not illegal, but it adds to the fractious relationship he has with some indigenous groups. Different groups have raised concerns over Forrest's cattle interests and have battled over land rights with the company he founded and chairs - Fortescue Metals Group, the world's fourth biggest iron ore miner……

But Matthew Slack, the head of the Buurabalayji Thalanyji Aboriginal Corp which oversees native title for the indigenous landowners, said it was "pretty rich" for Forrest to use rights designed to protect indigenous interests.

Thalanyji were also concerned about cattle numbers and water use at Forrest's 2,400 square km (927 sq mile) Minderoo pastoral lease in Western Australia's Pilbara district, he said.

"We are disgusted with Forrest and have been for some time. Slack said. "Our dreamtime creatures can't survive because the river is so low."

No comments:

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
[Adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948]

NSW North Coast

Australian Bureau of Meteorology

Moggy Musings

Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.

A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourismbusiness development services.

A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!

An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements.The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.

A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.

A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?

A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.

An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?

A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.

A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.

A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?

An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.